government

DDA’s role as housing watchdog may get the axe

by Paul Joseph January 2, 2012 Uncategorized

Image by My Grand Observatory via Flickr Delhi Development Authority (DDA) could soon lose its monitoring role over all housing activities in the national capital. The finance ministry has initiated work on creating a new regulator for the capital’s housing sector to replace the DDA, which currently acts as a regulator, a housing board as well as a builder. The move is likely to face

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Small steps towards transparency in 2011

by Paul Joseph December 29, 2011 Uncategorized

The government seems to have woken up to the crisis in the real estate market by introducing a couple of draft Bills and some regulations. However, it still has a long way to go To not get defrauded of your money you saved up for a house, to own a house free of title disputes or to get a clean deal are simple rights that any homebuyer would like to exercise. Unfortunately, in the largely

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Real estate regulator should not become another approving authority: FICCI

by Paul Joseph December 24, 2011 Uncategorized

Image via Wikipedia The revised version of the Real Estate (Regulation and Development) Bill, 2011 in its current form will create another approval authority, rather than creating a true regulator, said Rajiv Kumar, secretary general of the Federation of Indian Chambers of Commerce and Industry (FICCI). The industry chamber today said that while the bill will help improve transparency

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FDI inflow to real estate lowest in 4 years

by Paul Joseph September 20, 2011 Uncategorized

Foreign direct investment (FDI) in the real-estate sector last year was the lowest in four years, but private equity activity gained momentum during the recent months, according to a study by an Indian industry chamber and a global accountancy firm. Between January and June 2011, PE investments in real estate reached $444 million, 47 per cent higher than the investments made in 2010 during

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Dream house caves in

by Paul Joseph August 6, 2011 Uncategorized

It’s not just home buyers who are affected by the land-acquisition fracas in Noida. Veenu Sandhu reports on how other businesses, which rode the construction boom, are caught in the chaos too. No Ma’am, these projects are safe। We have a list of all the safe projects. Our official will call you and tell you about them,” the customer-care official at Investors Clinic, a real-estate brokerage

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Noida Extension Buyers Protest Peacefully; Submit memorandum to GNIDA

by Paul Joseph July 25, 2011

More than 2,500 home-buyers representing the Noida Extension Flat-Buyers Welfare Association (NEFBWA) held a huge peaceful protest and submitted a memorandum to the Chairman, Greater Noida Industrial Development Authority (GNIDA) at its Camp Office, Noida, requesting him to safeguard their interest in the wake of the stalling of real estate projects in the troubled Noida Extension area as a fall-out of the recent court judgements. The NEFBWA’s rally which also created a huge traffic jam in the city began with the raising of slogans by the home buyers to the effect that they want their homes to be built instead of their invested money to be returned. They were of the opinion that they had put their hard-earned money in these projects only with an intention to move into their dream homes. And now they would not accept anything less than their proposed homes to be created and handed over to them. Speaking to Realty Plus, home buyers stated that they had faith and a sense of security in buying into these projects since they knew that these were already approved by the GNIDA. The Association members said, “We are all end-users and want the houses for our self-use. We are not investors or brokers. We have made arrangements for the payment of our houses by disposing off some of our existing properties, gold or other valuable possessions. We have also availed loans from banks/finance institutions or our employers. A large number of us are middle class government employees and so our interest should be positively taken care of by the government. ” Starting from the Gautama Buddha Statue at the Noida Entry Gate, the rally marched till Noida Sector-18 and ended at GNIDA’s Camp Office, Noida. According to the memo submitted, the Association has expressed their sympathy with the farmers, acknowledging the fact that injustice has been done to them as the farmers have their own genuine grievances which must be addressed. But at the same time, it is also equally important that the progress of development should not be put on hold. The memo states that there is huge increase in land prices in the NCR region in recent years because of growing urbanisation. In view of this, the government should ensure adequate availability of land to meet the acute shortage of affordable dwelling units. The memo further states, “The Association has already filed impleadment applications in the Allahabad High Court that the bonafide flat-buyers will suffer huge and irreparable losses on account of any hard decision with regard to the Noida Extension projects. In view of this, the Association has urged the Hon’ble Court that we must be given an opportunity to be heard before a decision is taken”.

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Greater Noida Case: Buyers at Loss in Absence of Real Estate Regulator

by Paul Joseph July 21, 2011

The need for a real estate regulator is under the spotlight once again, following a recent court verdicts on land acquisition of villages in Greater Noida, Uttar Pradesh. In the absence of a regulator, the home buyers who have invested in the affected properties are at a loss on how to claim refunds or seek compensation. The proposed Real Estate Regulation Bill, which seeks to protect the interest of home buyers, was scheduled to be tabled in the ensuing monsoon session of Parliament, beginning on August 1. But the ministry of housing and poverty alleviation is yet to get the law ministry’s opinion on the draft Bill, an official has said. The housing ministry had sent the draft Bill to the law ministry for vetting almost three months ago. “It’s high time we had a real estate regulator,” National Association of Realtors (India) Chairman P S N Rao told Business Standard. Although aggrieved home buyers have the option of moving consumer courts now, the proposed legislation is expected to put in place user-friendly processes and regulations, according to Rao. Managing director and country head (India) at Royal Institution of Chartered Surveyors, Sachin Sandhir has been advocating the need for regulating the sector. He said the proposed law would bring in accountability. He argued that the accountability should not just be for developers, but urban local authorities should also be brought under the purview of the legislation. The current version of the Bill covers just the real estate developers, and not the government or urban local authorities. A real estate consultant pointed out that if there’s demand for the Prime Minister to come under the Lok Pal Bill, why couldn’t the government and urban local authorities be covered by the Real Estate Regulation Bill. “There’s a need to relook at the Bill,” he added. Once the law ministry gives its opinion on the draft real estate bill, a draft Cabinet note on the subject will be circulated among ministries of finance, home, urban development, consumer affairs and the Planning Commission. It will then seek a Cabinet clearance before introducing it in Parliament. The concept of a real estate Bill has been around for almost a decade and has seen a change in both form and content several times. Initially, work on the real estate Bill was started by the urban development ministry, but subsequently the housing ministry took charge of the proposed legislation. According to the real estate draft regulation Bill, developers will need to make public disclosures related to land title, project completion date and other relevant scheme details on the website of the proposed regulatory authority, said a housing ministry official. The disclosures must be made before launching a project, so that consumers are not taken for a ride at a later stage. Developers will also have to register themselves with the regulatory authority.

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Greater Noida Farmers Need Proper Compensation, not Land

by Paul Joseph July 15, 2011 Uncategorized

NOIDA: The farmers in the Noida Extension announced that they simply want a better deal for their land, not the land itself. Striking a sympathetic note for buyers, the farmers said they wanted a solution to the problem rather not to hurt home buyers . The Panchayat at Khairpur village on Tuesday , what emerged was a frank acceptance that the acquisition of their land was a done deal . The elders acknowledged that young people in their villages were not keen on a return to the farming days , and the result of trying to turn the clock back now would be a colossal waste for all parties. Massive construction has been done in several villages in the Noida Extension area . As a result , the land has lost its fertility and getting it back does not make any sense. The mixing of concrete with the top-soil had made the land infertile . The farmers and the home buyers both are suffering on account of the government’s mistakes. The farmers do not have any problem with home buyers , who booked their dream homes in Noida Extension . They want a solution which will also benefit the buyers . At the end of the day, they are also being harassed by the so-called policy makers of the UP government. “A Khairpur resident said, “When our land was acquired , we thought we would be paid handsomely . That’s why nearly 82 % villagers accepted the compensation . But after acquiring the land , the authority treated us shabbily , and we were paid paltry compensation”. “Farmers basically want 50% of their acquired land developed (with water , power supply and sewage lines ) and returned to them . Other than that , we are demanding 80 percent of the market rate as compensation , and plots to landless farmers”.

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Greater Noida Case: Builders& Consumers at Loggerheads

by Paul Joseph July 13, 2011

With the apex court upholding the judgment of Allahabad High Court on the legality of the land acquisition process in Greater Noida and with more land owners joining issue -more instances of land being acquired under the emergency clause of the Land Acquisition Act are coming to light – the pall of gloom over the real estate sector is not likely to lift any sooner. Builders and consumers, who have been at the receiving end, are already at loggerheads. The plight of the consumers won’t have been so miserable had a real estate regulator been in place. For about seven years now, people have been clamouring for a special Act meant to protect investors in real estate. The objective is to put in place a specialized domain knowledge-based regulator who would ensure that the consumer is protected both from the vagaries of the builder and from the callousness of the government . The RERA (Real Estate Regulatory Authority) Bill has been gathering dust with the centre for about five years now – that’s when the first draft was circulated for seeking public views. The bill seeks to establish the responsibility of the promoters (read builders) towards the consumers. It has sections pertaining to issues like how the promoter should issue advertisements before beginning construction; how he would be able to request for and receive advance payments for the apartments he is to build; how he could receive payments while constructing; and how he would hand over common areas etc to the resident welfare associations after the projects are completed. The bill also seeks to define the role of the consumer and caters to issues like supply of essential services, adherence to local laws and approvals of all kinds . It also addresses issues connected to mortgages and consents required for such mortgages besides the liabilities of consumers. Significantly, the Bill deals with the responsibility of promoters regarding the veracity of the facts placed in advertisements or prospectus in order to ensure that the consumer gets the right information before he makes a choice or purchase . If the RERA bill had been legislated and been in force today, some of the pain which consumers are facing today may have been averted . The average age of home loan applicants has now dropped to 28 – most consumers are young people just starting out in life. Perhaps young enough to not want to be bothered with the kind of problems which such a lack of regulation have once again thrown up . One can understand why the real estate sector is not keen to allow the RERA bill to see the light of day – when such an authority is established , it would make the promoter accountable in ways which he is not used to now. The sector may have pulled strings and ensured that such a law is not enacted – possibly this may be the cause for the delay in bringing it before Parliament . It is time the Central Government woke up to the fact that such reforms are inevitable in the urban sector. Sooner or later, these reforms will have to be enacted if the sector is to develop without the ambiguities and scandals it is ridden with today. Perhaps, the Greater Noida meltdown will spur the government into action on this most important piece of legislation.

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Greater Noida Case: Builders& Consumers at Loggerheads

by Paul Joseph July 13, 2011

With the apex court upholding the judgment of Allahabad High Court on the legality of the land acquisition process in Greater Noida and with more land owners joining issue -more instances of land being acquired under the emergency clause of the Land Acquisition Act are coming to light – the pall of gloom over the real estate sector is not likely to lift any sooner. Builders and consumers, who have been at the receiving end, are already at loggerheads. The plight of the consumers won’t have been so miserable had a real estate regulator been in place. For about seven years now, people have been clamouring for a special Act meant to protect investors in real estate. The objective is to put in place a specialized domain knowledge-based regulator who would ensure that the consumer is protected both from the vagaries of the builder and from the callousness of the government . The RERA (Real Estate Regulatory Authority) Bill has been gathering dust with the centre for about five years now – that’s when the first draft was circulated for seeking public views. The bill seeks to establish the responsibility of the promoters (read builders) towards the consumers. It has sections pertaining to issues like how the promoter should issue advertisements before beginning construction; how he would be able to request for and receive advance payments for the apartments he is to build; how he could receive payments while constructing; and how he would hand over common areas etc to the resident welfare associations after the projects are completed. The bill also seeks to define the role of the consumer and caters to issues like supply of essential services, adherence to local laws and approvals of all kinds . It also addresses issues connected to mortgages and consents required for such mortgages besides the liabilities of consumers. Significantly, the Bill deals with the responsibility of promoters regarding the veracity of the facts placed in advertisements or prospectus in order to ensure that the consumer gets the right information before he makes a choice or purchase . If the RERA bill had been legislated and been in force today, some of the pain which consumers are facing today may have been averted . The average age of home loan applicants has now dropped to 28 – most consumers are young people just starting out in life. Perhaps young enough to not want to be bothered with the kind of problems which such a lack of regulation have once again thrown up . One can understand why the real estate sector is not keen to allow the RERA bill to see the light of day – when such an authority is established , it would make the promoter accountable in ways which he is not used to now. The sector may have pulled strings and ensured that such a law is not enacted – possibly this may be the cause for the delay in bringing it before Parliament . It is time the Central Government woke up to the fact that such reforms are inevitable in the urban sector. Sooner or later, these reforms will have to be enacted if the sector is to develop without the ambiguities and scandals it is ridden with today. Perhaps, the Greater Noida meltdown will spur the government into action on this most important piece of legislation.

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